- 1 - NC: 2025:KHC:1082-DB CCC No. 1135 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR JUSTICE M.I.ARUN CIVIL CONTEMPT PETITION NO. 1135 OF 2024 BETWEEN: 1. GOPAL M. AGED ABOUT 65 YEARS S/O LATE MUNISHWAMAPPA R/AT HIMMADIHALLI VILLAGE KRISHNARAJPURA HOBLI BENGALURU-560 066. …COMPLAINANT (BY SRI MANIVANNAN G., ADVOCATE) AND: 1. RAJU THE TAHSILDAR BENGALURU EAST TALUK BENGALURU-560 036. 2. S.R. MAHESH THE SPECIAL TAHSILDAR BENGALURU EAST TALUK BENGALURU-560 036. Digitally signed by H K HEMA Location: High Court of Karnataka - 2 - NC: 2025:KHC:1082-DB CCC No. 1135 of 2024 3. M. VENUGOPAL AGED ABOUT 58 YEARS S/O MUNIYAPPA @ MUNEPPA R/AT RAMAGONDANAHALLI VILLAGE VARTHUR HOBLI BENGALURU EAST TALUK BENGALURU-560 087. ... ACCUSED 4. THE STATE OF KARNATAKA REPRESENTED BY CHIEF SECRETARY DEPARTMENT OF REVENUE VIDHANA SOUDHA BENGALURU-560 001. ...PROFORMA RESPONDENT (BY SMT. PRAMODHINI KISHAN, AGA FOR ACCUSED NOS.1, 2 AND RESPONDENT NO.4). THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, READ WITH ARTICLE 215 OF CONSTITUTION OF INDIA READ WITH ORDER XXXIX RULE 2A OF CPC PRAYING TO INITIATE CONTEMPT ACTION AND DETAIN ALL THE ACCUSED IN CIVIL PRISON AND ATTACH THEIR PROPERTIES AND RESTORE THE REVENUE ENTRIES AS STOOD EARLIER FOR HAVING WILFULLY DISOBEYED THE ORDER OF THE HONOURABLE DIVISION BENCH (CCH-1) OF THIS HONOURABLE COURT PASSED ON 19.08.2024 IN WRIT APPEAL No.1181 OF 2024 WHICH PRODUCED AND MARKED AT ANNEXURE-F IN THE INTEREST OF JUSTICE AND EQUITY. - 3 - NC: 2025:KHC:1082-DB CCC No. 1135 of 2024 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE M.I.ARUN ORAL JUDGMENT (PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) The order dated 19.08.2024 which is brought under the contempt jurisdiction is admittedly an interim order passed in the pending Writ Appeal No.1181 of 2024. 2. When the main proceedings of the appeal are pending, it is obvious that the rights of the parties are not finally decided. Therefore, and in that view, the Court is not inclined to exercise its jurisdiction under the Contempt of Courts Act, 1971. There is no element of finality in the order. 3. Leaving the complainant to work out his rights and remedies before the Court where the proceedings of the appeal are pending, - 4 - NC: 2025:KHC:1082-DB CCC No. 1135 of 2024 and without expressing any opinion on merits, the contempt petition is disposed of. SD/- (N. V. ANJARIA) CHIEF JUSTICE SD/- (M.I.ARUN) JUDGE hkh. List No.: 1 Sl No.: 44